[Federal Register Volume 72, Number 242 (Tuesday, December 18, 2007)]
[Rules and Regulations]
[Pages 71601-71605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24505]
[[Page 71601]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 070705262-7683-03]
RIN 0648-AV38
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
and Halibut Fisheries of the Bering Sea and Aleutian Islands Management
Area and Gulf of Alaska, Seabird Avoidance Measures Revisions
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule that revises the seabird avoidance
measures for the Alaska hook-and-line groundfish and halibut fisheries.
The final rule strengthens gear standards for small vessels and
eliminates certain seabird avoidance requirements that are not needed.
This action is necessary to revise seabird avoidance measures based on
the latest scientific information and to reduce unnecessary regulatory
burdens and associated costs.
DATES: Effective on January 17, 2008.
ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) and the
Final Regulatory Flexibility Analysis (FRFA) for this action may be
obtained from NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, or
from the NMFS Alaska Region website at http://www.fakr.noaa.gov.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to the NMFS Alaska Region and by e-mail to
[email protected], or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, 907-586-7228 or e-mail
at [email protected].
SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive
economic zone (EEZ) off Alaska are managed under the Fishery Management
Plan for Groundfish of the Bering Sea and Aleutian Islands Management
Area and the Fishery Management Plan for Groundfish of the Gulf of
Alaska (FMPs). The North Pacific Fishery Management Council (Council)
prepared the FMPs under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801,
et seq. Regulations implementing the FMPs appear at 50 CFR part 679.
General regulations governing U.S. fisheries also appear at 50 CFR part
600.
Management of the Pacific halibut fisheries in and off Alaska is
governed by an international agreement between Canada and the United
States. This agreement, entitled the ``Convention Between the United
States of America and Canada for the Preservation of the Halibut
Fishery of the Northern Pacific Ocean and Bering Sea Convention''
(Convention), was signed at Ottawa, Canada, on March 2, 1953, and was
amended by the ``Protocol Amending the Convention,'' signed at
Washington, D.C., March 29, 1979. The Convention is implemented in the
United States by the Northern Pacific Halibut Act of 1982 (Halibut
Act). The directed commercial Pacific halibut fishery in Alaska is
managed under an individual fishing quota (IFQ) program, as is the
fixed gear sablefish fishery. The IFQ Program is a limited access
management system. This program is codified at 50 CFR part 679.
Background
Background on the seabird avoidance measures revisions is in the
proposed rule for this action (72 FR 53516, September 19, 2007). The
purpose of the action is to revise the seabird avoidance measures based
on the best available information regarding seabird occurrence and
efficient application of the avoidance measures. Seabird avoidance
measures reduce the incidental mortality of seabirds in the hook-and-
line fisheries off Alaska. The action eliminates certain provisions
that are unnecessary and strengthens standards to ensure effective
seabird avoidance gear for the Alaska hook-and-line fisheries for
groundfish and halibut. These revisions are detailed below.
Eliminating certain unnecessary seabird avoidance measures is
intended to remove associated economic burdens on affected vessels.
Increased measures for certain small vessels in the EEZ would require
specific deployment procedures intended to improve the effectiveness of
avoidance devices in reducing seabird bycatch. These revisions are an
example of adaptive management using the best available information to
focus regulatory requirements where they are needed and to ensure
requirements are effective and efficient. Seabird avoidance measures
research results and the environmental and economic considerations of
the action are in the EA/RIR/IRFA for this action (see ADDRESSES).
Regulatory Amendments
In February 2007, the Council unanimously recommended revisions to
the seabird avoidance measures. These measures continue to apply to
operators of vessels fishing for (1) Pacific halibut in the IFQ and
Community Development Quota (CDQ) management programs in Convention
waters in and off Alaska; (2) IFQ sablefish in and off Alaska out to
200 nm offshore, except waters of Prince William Sound and areas in
which sablefish fishing is managed under a State of Alaska (State)
limited entry program (Clarence Strait, Chatham Strait); and (3)
groundfish with hook-and-line gear in the EEZ.
The Council recommended that NMFS request that the Alaska Board of
Fisheries consider modifying the current State regulations on seabird
avoidance for groundfish vessels operating in State waters to match the
Federal requirements. The Board of Fisheries has scheduled this issue
for their March 2008 meeting. Information regarding this meeting is
available from the State website at http://www.boards.adfg.state.ak.us/fishinfo/meetinfo/fcal.php. The State's adoption of the seabird
avoidance measures revisions in this final rule would ensure consistent
requirements to avoid seabirds for groundfish vessels operating in
State and Federal waters of Alaska.
The final rule revises Sec. 679.24(e) to eliminate redundant
paragraphs, match subparagraph citations to the new section structure,
and make the text more concise. No substantive changes were made in the
final rule from the proposed rule. Minor changes were made to
regulations regarding applicability (Sec. 679.24(e)(1)) and ``other
methods'' for seabird avoidance measures (Sec. 679.24(e)(5)) to
clarify that only one of the several items listed would be required to
meet the intent of the paragraph. The change to the applicability
paragraph clarifies that the seabird avoidance measures applies to
vessels using hook-and-line gear and fishing for Individual Fishing
Quota (IFQ) halibut, Community Development Quota halibut, IFQ
sablefish, or groundfish in the exclusive economic zone off Alaska. The
change to the ``other methods'' paragraph clarifies that night-setting,
line shooter, or lining tube may be used as an ``other method'' for
seabird avoidance measures.
[[Page 71602]]
Gear Requirements
The final rule revises Sec. 679.24(e)(4)(i) and Table 20 to 50 CFR
part 679 to require seabird avoidance gear standards for hook-and-line
vessels greater than 26 ft (7.9 m) length overall (LOA) and less than
or equal to 55 ft (16.8 m) LOA fishing in the EEZ as follows:
1. Vessels with masts, poles, or rigging using snap-on hook-and-
line gear are required to use standards when deploying one streamer
line. The streamer line must be at least 147.6 ft (45 m) in length and
must be deployed before the first hook is set in such a way that
streamers are in the air for 65.6 ft (20 m) aft of the stern and within
6.6 ft (2 m) horizontally of the point where the main groundline enters
the water.
2. Vessels with masts, poles, or rigging using conventional hook-
and-line gear (vessels not using snap-on gear) are required to use
standards when deploying one streamer line. The streamer line must be a
minimum of 300 ft (91.4 m) in length and must be in the air for a
minimum of 131.2 ft (40 m) aft of the stern.
3. Vessels without masts, poles, or rigging and not capable of
adding poles or davits to accommodate a streamer line (including
bowpickers) must tow a buoy bag line.
The best available scientific information indicates that vessels
greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft (16.8 m)
LOA are capable of meeting these standards, and that these standards
are effective at reducing potential seabird incidental takes.
The final rule also revises Sec. 679.24(e)(4)(i) and Table 20 to
50 CFR part 679 to eliminate seabird avoidance gear requirements for
all hook-and-line vessels fishing in Prince William Sound (NMFS Area
649), the State waters of Cook Inlet, and Southeast Alaska (NMFS Area
659) with certain area exceptions in the inside waters of Southeast
Alaska. Three exception areas exist:
1. Lower Chatham Strait south of a straight line between Point
Harris (latitude 56[deg] 17.25 N.) and Port Armstrong,
2. Dixon Entrance defined as the State groundfish statistical areas
325431 and 325401, and
3. Cross Sound west of a straight line from Point Wimbledon
extending south through the Inian Islands to Point Lavinia (longitude
136[deg] 21.17 E.).
Maps of these exception areas are in the EA/RIR/IRFA for this
action (see ADDRESSES) and are available from the NMFS Alaska Region
website at http://www.fakr.noaa.gov.
To prevent potential seabird mortality in the exception areas,
hook-and-line vessels must meet the same seabird avoidance gear
requirements and standards in these exception areas as when fishing in
the EEZ. The best available scientific information regarding seabird
observations in the State waters of Prince William Sound, Cook Inlet,
and Southeast Alaska indicate that Endangered Species Act (ESA)-listed
seabirds and other seabird species of concern are not likely to occur
in these waters, except for the areas listed above in NMFS Area 659.
Therefore, the final rule eliminates seabird avoidance measures where
seabird mortality is not likely to occur and ensures that they are used
in waters where ESA-listed seabirds and seabird species of concern are
likely to occur.
Seabird Avoidance Plan
The final rule removes Sec. 679.24(e)(3) and rescinds the Seabird
Avoidance Plan (SAP) requirement for all vessels. The Council
recommended eliminating the SAP requirement based on recommendations
from the NOAA Office of Law Enforcement and the NMFS Alaska Region
Protected Resources Division. A number of vessels had technical SAP
violations but were in compliance with the substantive seabird
avoidance gear requirements. Because the requirement for a SAP does not
seem to impact the use of seabird avoidance gear, removing this
requirement should have no effect on seabird mortality.
Other Seabird Avoidance Device
The final rule removes the requirement to use one ``other device''
(weighted groundline, buoy bag, streamer line, or strategic offal
discharge) as described in Sec. 679.24(e)(4)(ii), (e)(4)(iii), (e)(6),
and Table 20 to 50 CFR part 679. NOAA Office of Law Enforcement reports
that the ``other device'' requirement is difficult to enforce. Reduced
seabird mortality from the gear standards for small vessels likely
would offset any protection lost by removing the ``other device''
requirement.
Weather Exception
The final rule revises Sec. 679.24(e)(5) to allow discretion for
vessels more than 26 ft (7.9 m) LOA to less than or equal to 55 ft
(16.8 m) LOA to use seabird avoidance devices when winds exceed 30
knots (near gale or Beaufort 7 conditions). The Council raised concerns
that the use of seabird avoidance gear on these small vessels in winds
exceeding 30 knots may be unsafe because most or all small vessel crew
members need to be engaged fully in vessel operations during inclement
weather, rather than deploying and retrieving seabird avoidance gear.
Information in the EA/RIR/IRFA indicates that seabird foraging activity
on hook-and-line gear is likely to decrease with increased wind speeds.
Also, streamer lines and buoy bags pose a greater risk of fouling on
the fishing gear during high winds. The weather exception addresses
potential small vessel safety issues related to deploying seabird
avoidance gear during high winds and ensures devices are used when
seabirds are more likely to be interacting with hook-and-line gear.
Comments and Responses
NMFS received four letters that contained two separate comments on
the proposed rule. The comments are summarized and responded to below.
Comment 1: We are in support of the proposed action. The action
will strengthen gear standards for small vessels. To remove unnecessary
requirements, the proposed action would eliminate the seabird avoidance
plan and the use of avoidance gear where seabirds of concern are not
present. The weather exemption for certain vessels is reasonable and
helpful.
Response: Support is noted.
Comment 2: The incidental catch of seabirds remains too high.
Response: The proposed action is likely to reduce the incidental
catch of seabirds by strengthening the gear standards applied to small
vessels. Large reductions in the incidental catch of seabirds have
occurred after implementation of the seabird avoidance measures (62 FR
23176, April 29, 1997), and NMFS and the Council continue to support
research in the continued reduction of seabirds incidental takes in
Alaska fisheries. The number of seabirds taken in the fisheries is a
very small proportion of the populations of seabird species. NMFS has
determined that the incidental take of seabirds in the Alaska fisheries
does not result in a significant impact on the human environment,
including on seabird species, as described in the EA/RIR/IRFA for this
action (see ADDRESSES).
Classification
The Administrator, Alaska Region, NMFS, determined that this final
rule is necessary for the conservation and management of the Alaska
groundfish and halibut fisheries, and that it is consistent with the
Magnuson-Stevens Act and other applicable laws.
[[Page 71603]]
This final rule has been determined to be not significant for the
purposes of Executive Order (E. O.) 12866.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the IRFA, a summary of the significant issues raised
by the public comments in response to the IRFA, NMFS' responses to
those comments, and a summary of the analyses completed to support the
action. A copy of the FRFA is available from NMFS (see ADDRESSES).
The need for and objectives of the rule are detailed in the
preamble to this rule. No significant issues were raised by the public
comments in response to the IRFA during the public comment period. No
substantive changes were made from the proposed rule to the final rule.
The vessels that are directly regulated by the action fish for
groundfish or halibut with hook-and-line gear in the waters off Alaska.
The seabird avoidance measures presently in place, and the alternatives
and options considered, apply directly to the operator of a vessel
deploying hook-and-line gear in the waters off Alaska. These
regulations apply to the operation of a vessel and not directly to the
holder of an IFQ for halibut or sablefish unless the holder is also the
owner/operator of a vessel. Multiple IFQs may be used on a single
vessel. Thus, the FRFA analysis of large and small entities is
conducted at the vessel level and not the IFQ level. This analysis is
complicated by the fact that the halibut fishery is managed somewhat
separately than the Federal groundfish fisheries. Thus, data from
multiple sources and years have been used to estimate the numbers of
large and small entities.
In 2004, approximately 1,523 vessels participated in the Pacific
halibut fishery off Alaska, and 674 vessels participated in the Federal
hook-and-line groundfish fisheries off Alaska. Logbook research
indicates that 506 of the hook-and-line vessels that caught halibut
also harvested groundfish in the waters off Alaska that year. Because
of overlap between these two fishery groups, the total count of unique
vessels is 1,691.
The FRFA uses actual revenue reported by fishing entities for the
year 2005 as compiled and supplied in a comprehensive database by the
Alaska Fish Information Network (AKFIN). Vessels were considered small
entities, according to the Small Business Administration criteria, if
they had estimated 2004 gross revenues less than or equal to $4
million, and were not known to be affiliated with other firms whose
combined receipts exceeded $4 million. The analysis revealed that 141
eligible vessels had total gross revenue from all directed fishing
sources that was greater than $4 million in 2005. This implies that,
ignoring affiliations, 1,550 vessels could be considered small
entities. A review of American Fisheries Act (AFA) permit data revealed
that none of the vessels with gross revenue less than $4 million in
2004 are AFA-permitted vessels. Because AFA affiliations are relatively
stable across years, it is unlikely any of the vessels with gross
revenues less than $4 million are AFA-permitted vessels. Therefore,
these vessels are unlikely to be large because of AFA affiliations.
The FRFA indicated that this action is not likely to impose
significant costs on directly regulated small entities. The action
reduces the regulatory burden on some vessels by eliminating all
seabird avoidance requirements for vessels operating in State waters of
Prince William Sound, Cook Inlet and most of Southeast Alaska. In
addition, vessels operating in the EEZ and State waters may benefit by
elimination of the need for an ``other'' seabird avoidance device.
Vessel operational cost of production data are not presently collected,
making it impossible to quantify the net effect on operational costs
that might occur under each alternative and option. However, the
alternatives and options to the status quo are expected to impose only
a slight additional burden, if any. The increased requirement to meet
the gear standards for smaller vessels is likely to result in minimal
additional costs because these vessels are already using gear
manufactured to meet the standards and vessel crew are experienced with
using the gear. Any additional costs in training and labor to ensure
gear deployment meets the standards would be offset by the reduced
costs from no longer being required to deploy the ``other device.''
Since the initial adoption of seabird avoidance regulations,
research has been conducted to more precisely identify the geographical
distribution and range of seabirds of concern, and on the efficacy of
required seabird avoidance devices. Recent research has addressed
whether small vessels can properly deploy seabird avoidance devices,
given a small vessel's inherent physical limitations, and whether those
devices are effective and necessary. The action, which is partly
intended to reduce the economic, operational, and reporting burden
placed on small entities operating in these fisheries, is a direct
result of this research.
Including status quo, this action has three alternatives and three
options. Alternative 2 reduces the regulatory burden on small entities
by eliminating seabird avoidance measures in the inside waters of
Prince William Sound, Cook Inlet, and Southeast Alaska. Alternative 3
reduces the seabird avoidance measures in the same locations except for
three areas of the Southeast Alaska inside waters where seabirds of
concern have been observed. Both Alternatives 2 and 3 increase the
regulatory burden on small entities by requiring vessels more than 26
ft (7.9 m) LOA to less than or equal to 55 ft (16.8 m) LOA to meet gear
standards while operating in the EEZ and certain State waters. Options
1 and 2 to Alternatives 2 and 3 reduce the regulatory burden and
improve safety by removing the Seabird Avoidance Plan requirement and
providing discretion for using seabird avoidance gear in high winds,
respectively. Option 3 would reduce burden by reducing seabird
avoidance gear requirements to only a buoy bag line for hook-and-line
vessels more than 26 ft (7.9 m) LOA to less than or equal to 32 ft
(16.8 m) LOA operating in the EEZ waters of International Pacific
Halibut Commission (IPHC) Area 4E. The suboption to Option 3 would
further reduce the regulatory burden in IPHC Area 4E by eliminating the
seabird avoidance measures for vessels between 26 ft (7.9 m) LOA and 32
ft (16.8 m) LOA.
One of the objectives of the action was to use new information to
better protect seabirds of concern while reducing the burden on
fishermen. The status quo does not meet the objectives of the action
because it does not reflect new information on the range and geographic
distribution of seabirds of concern nor does it reflect new research on
the efficacy of seabird avoidance devices. The status quo alternative
was rejected in part because it imposed a heavier burden on fishing
operations. Alternative 2 was rejected because it did not provide for
seabird avoidance measures in those State waters of Southeast Alaska
with observed ESA-listed seabirds and other seabird species of concern
and, thus, did not meet the objectives of the action. Option 3 and its
suboption also were rejected because available information was
insufficient to support reducing or eliminating seabird avoidance
measures for IPHC Area 4E, and therefore did not meet the objectives of
the action. The Council recommended Alternative 3 with options 1 and 2
because it would meet the objective to use the latest scientific
information available regarding seabird occurrence and effective gear
standards for small vessels and to reduce regulatory burden, where
possible.
[[Page 71604]]
The action alleviates the small entity compliance burden by
eliminating seabird avoidance measures in certain State waters where
seabirds of concern are absent or very rarely present and where many
small entities operate. The action also adopts performance standards,
rather than design standards in the EEZ and in State waters. The use of
performance standards allows flexibility in the type of avoidance gear
used while ensuring an acceptable level of avoidance is achieved. The
action also bases requirements on vessel capability (e.g.,
superstructure configuration, vessel length). Basing the requirements
on vessel capability ensures that vessel owners are able to meet the
seabird avoidance gear requirements without making costly changes to
the vessel structure. Further, the action would eliminate preparation
of a seabird avoidance plan, which eases the compliance and reporting
requirements for all affected entities, including the large number of
small entities that are potentially directly regulated by the action.
No other alternatives or options were identified that would meet the
objectives of the action and provide additional regulatory relief.
There are no Federal rules that duplicate, overlap, or conflict
with this action.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, NMFS Alaska Region has developed a website
that provides easy access to details of this final rule, including
links to the final rule, maps of areas, and frequently asked questions
regarding seabird avoidance gear and use of such gear. The relevant
information available on the website is the Small Entity Compliance
Guide. The website address is http://www.fakr.noaa.gov/protectedresources/seabirds/guide.htm. Copies of this final rule are
available upon request from the NMFS Alaska Regional Office (see
ADDRESSES).
This final rule removes a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA), which has been approved
by Office of Management and Budget (OMB) under Control Number 0648-474.
Public reporting burden for the Seabird Avoidance Plan is estimated to
average 8 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection-of-information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to [email protected], or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection-of-information subject to the
requirements of the PRA, unless that collection-of-information displays
a currently valid OMB control number.
An informal consultation under the ESA was concluded for this
action on August 8, 2007. As a result of the informal consultation,
NMFS determined that fishing activities under this rule are not likely
to adversely affect endangered or threatened species or their
designated critical habitat. By requiring gear performance standards
for vessels more than 26 ft (7.9 m) and less than or equal to 55 ft
(16.8 m) LOA, this action should result in reduced potential for
incidental takes of ESA-listed seabirds. Other provisions of this final
rule would have no effect on ESA-listed species.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Recordkeeping and reporting requirements.
Dated: December 12, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For reasons set out in the preamble, NMFS amends 50 CFR part 679 as
follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108 447.
0
2. Section 679.24 is amended by:
a. Removing paragraphs (e)(3) and (e)(6).
b. Redesignating paragraphs (e)(4) and (e)(5) as paragraphs (e)(3)
and (e)(4), respectively.
c. Redesignating paragraphs (e)(7) and (e)(8) as paragraphs (e)(5)
and (e)(6), respectively.
d. Revising paragraphs (e)(1), (e)(2)(i), (e)(2)(iii), and newly
redesignated paragraphs (e)(3), and (e)(5).
e. Adding paragraph (e)(4)(v).
The revisions and additions read as follows:
Sec. 679.24 Gear limitations.
* * * * *
(e) * * *
(1) Applicability. The operator of a vessel that is longer than 26
ft (7.9 m) LOA fishing with hook-and-line gear must comply with the
seabird avoidance requirements as specified in paragraphs (e)(2) and
(e)(3) of this section while fishing for any of the following species:
(i) IFQ halibut or CDQ halibut.
(ii) IFQ sablefish.
(iii) Groundfish in the EEZ off Alaska.
(2) * * *
(i) Gear onboard. Have onboard the vessel the seabird avoidance
gear as specified in paragraph (e)(3) of this section;
* * * * *
(iii) Gear use. Use seabird avoidance gear as specified in
paragraph (e)(3) of this section that meets standards as specified in
paragraph (e)(4) of this section, while hook-and-line gear is being
deployed.
* * * * *
(3) Seabird avoidance gear requirements. (See also Table 20 to this
part.) The operator of a vessel identified in paragraph (e)(1) of this
section must comply with the following requirements while fishing with
hook-and-line gear for groundfish, IFQ halibut, CDQ halibut, or IFQ
sablefish in Federal waters (EEZ) and for IFQ halibut, CDQ halibut, or
IFQ sablefish in the State of Alaska waters, excluding NMFS Reporting
Area 649 (Prince William Sound), State waters of Cook Inlet, and NMFS
Reporting Area 659 (Eastern GOA Regulatory Area, Southeast Inside
District), but including waters in the areas south of a straight line
at 56[deg]17.25 N. lat. between Point Harris and Port Armstrong in
Chatham Strait, State statistical areas 325431 and 325401, and west of
a straight line at 136[deg]21.17 E. long. from Point Wimbledon
extending south through the Inian Islands to Point Lavinia:
(i) Using other than snap gear,
(A) A minimum of 1 buoy bag line as specified in paragraph
(e)(4)(i) of this section must be used by vessels greater than 26 ft
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA without masts,
poles, or rigging.
(B) A minimum of a single streamer line as specified in paragraph
(e)(4)(ii)
[[Page 71605]]
of this section must be used by vessels greater than 26 ft (7.9 m) LOA
and less than or equal to 55 ft (16.8 m) LOA with masts, poles, or
rigging.
(C) A minimum of a paired streamer line of a standard as specified
in paragraph (e)(4)(iii) of this section must be used by vessels
greater than 55 ft (16.8 m) LOA.
(ii) Using snap gear,
(A) A minimum of 1 buoy bag line as specified in paragraph
(e)(4)(i) of this section must be used by vessels greater than 26 ft
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA without masts,
poles, or rigging.
(B) A minimum of a single streamer line as specified in paragraph
(e)(4)(iv) of this section must be used by vessels greater than 26 ft
(7.9 m) LOA and less than or equal to 55 ft (16.8 m) LOA with masts,
poles, or rigging.
(C) A minimum of a single streamer line as specified in paragraph
(e)(4)(iv) of this section must be used by vessels greater than 55 ft
(16.8 m) LOA.
(4) * * *
(v) Weather safety standard. The use of seabird avoidance devices
required by paragraph (e)(3) of this section is discretionary for
vessels greater than 26 ft (7.9 m) LOA and less than or equal to 55 ft
(16.8 m) LOA in conditions of wind speeds exceeding 30 knots (near gale
or Beaufort 7 conditions).
(5) Other methods. Any of the following measures or methods must be
accompanied by the applicable seabird avoidance gear requirements as
specified in paragraph (e)(3) of this section:
(i) Night-setting.
(ii) Line shooter.
(iii) Lining tube.
* * * * *
0
3. Table 20 to part 679 is revised to read as follows:
Table 20 to Part 679-- Seabird Avoidance Gear Requirements for Vessels,
based on Area, Gear, and Vessel Type. (See Sec. 679.24(e) for complete
seabird avoidance program requirements; see 679.24(e)(1) for applicable
fisheries)
If you operate a vessel deploying hook-and-line Then you must use this
gear, other than snap gear, in waters seabird avoidance gear
specified at Sec. 679.24(e)(3), and your in conjunction with
vessel is...... requirements at Sec.
679.24(e)...
------------------------------------------------------------------------
>26 ft (7.9 m) to 55 ft (16.8 m) LOA and minimum of one buoy bag
without masts, poles, or rigging line
------------------------------------------------------------------------
>26 ft (7.9 m) to 55 ft (16.8 m) LOA and with minimum of a single
masts, poles, or rigging streamer line of a
standard specified at
Sec.
679.24(e)(4)(ii)
------------------------------------------------------------------------
>55 ft (16.8 m) LOA minimum of paired
streamer lines of a
standard specified at
Sec.
679.24(e)(4)(iii)
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If you operate a vessel deploying hook-and-line Then you must use this
gear and use snap gear in waters specified at seabird avoidance gear
Sec. 679.24(e)(3), and your vessel is... in conjunction with
requirements at Sec.
679.24(e)...
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>26 ft (7.9 m) to 55 ft (16.8 m) LOA and minimum of one buoy bag
without masts, poles, or rigging line
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>26 ft (7.9 m) to 55 ft (16.8 m) LOA and with minimum of a single
masts, poles, or rigging streamer line of a
standard specified at
Sec.
679.24(e)(4)(iv)
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>55 ft (16.8 m) LOA minimum of a single
streamer line of a
standard specified at
Sec.
679.24(e)(4)(iv)
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If you operate a vessel < 32 ft (9.8 m) LOA in Then you are exempt
the State waters of IPHC Area 4E, or operate a from seabird avoidance
vessel in NMFS Reporting Area 649 (Prince regulations.
William Sound), State waters of Cook Inlet,
and NMFS Reporting Area 659 (Eastern GOA
Regulatory Area, Southeast Inside District),
but not including waters in the areas south of
a straight line at latitude 56 deg. 17.25 N
between Point Harris and Port Armstrong in
Chatham Strait, State statistical areas 325431
and 325401, and west of a straight line at
longitude 136 deg. 21.17 E from Point
Wimbledon extending south through the Inian
Islands to Point Lavinia
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[FR Doc. E7-24505 Filed 12-17-07; 8:45 am]
BILLING CODE 3510-22-S